Clayborne v. State
Supreme Court of Alabama
Appeal from the Criminal Court of Jefferson. Tried before the Hon. Samuel E. Greene. The appellant was tried under the following indictment: “The grand jury of said county charge that before the finding of this indictment, C. O. Clayborne, whose name is to the grand jury otherwise unknown, played at a game with cards or dice, or some device or substitute for cards or dice, at a tavern, inn, storehouse for retailing spirituous liquors, a house or place where spirituous…
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Appeal from the Criminal Court of Jefferson. Tried before the Hon. Samuel E. Greene. The appellant was tried under the following indictment: “The grand jury of said county charge that before the finding of this indictment, C. O. Clayborne, whose name is to the grand jury otherwise unknown, played at a game with cards or dice, or some device or substitute for cards or dice, at a tavern, inn, storehouse for retailing spirituous liquors, a house or place where spirituous liquors were at the time sold, retailed or given away, or in a public house, highway, or some other public place, or at an…
1Opinion of the CourtPiaralson, J.
The indictment in Johnson v. The State, 75 Ala. 8, charged that the defendant “played at a game with cards, at a public house, and did bet or hazard money or bank notes at said game.” It was held that the indictment did not charge two offenses — not the offense of playing with cards, etc., as prohibited by section 4052 of the Code, and betting on such game, prohibited by section 4057 — but only the graver offense of betting, denounced by the last named section.
In Tolbert v. The State, 87 Ala. 29, where the indiclment charged that the defendant bet at a game of cards, etc., at one of the…
2Cases cited8 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Bell & Murray v. StateSupreme Court of Alabama · 1872
- Sylvester v. StateSupreme Court of Alabama · 1882
- DeArman v. StateSupreme Court of Alabama · 1884
- Smith v. StateSupreme Court of Alabama · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Free v. StateCourt of Criminal Appeals of Alabama · 1984
- Baldwin v. StateCourt of Criminal Appeals of Alabama · 1971
- Smith v. StateCourt of Criminal Appeals of Alabama · 1984
- State v. McFarlandSupreme Court of Alabama · 1898
- Curtis v. StateAlabama Court of Appeals · 1913
3 more not listed; retrieve them via the Exa API.